That article is erroneous. Apple applied for the Canadian trademark in October 2004. Comwave claims that it started selling the iPhone in June 2004. I have not yet seen any evidence that Comwave started selling its iPhone in June 2004. Further complicating the matter, Ocean Telecom, which has a history of acting on behalf of Apple, applied for the same trademark in July 2004. Ocean also applied for the trademark in the U.S. in December 2003. Under Canadian trademark law, date of filing in another country can be used as the de facto date of application in Canada. In other words, Ocean applied for the trademark well before the date Comwave claims to have started using the name. Out of all of the interested parties, Comwave was actually the last to submit an application for the trademark. It was just the first to use the name for a product on the market.
I might note that Comwave is not a particularly scrupulous company, and there is little about it that is Canadian. It is fully owned by a Chinese international investment conglomerate, Founder Group, and it is currently using the TM indicator in association with its iPhone products, even though it has not been awarded the trademark.
Thanks for that MacinDoc, i've heard something along the lines of that, i really didn't know anything about that though.
Erm, how is Comcast stealing Apple's thunder? This is a typical Apple Fan Boy response. As the poster above stated, Comcast has been using the iPhone name since 2004... WAAAAY before the iPhone. Apple didn't 'invent' the i<something> either... they jumped on the same bandwagon as everyone else.
Comcast should not be blamed for holding up the iPhone in Canada - its their trademark that they are actively using and should not be expected to give it up. Apple could rename the iPhone to something else for the Canadian market and be out tomorrow if that was the 'only' reason.
Yes it is a typical apple fanboy response for me to say that they're stealing thunder by using the i, but it's basically true, it's a bit of an apple thing, they've been doing that for a long time and people asssociate it with apple. It's not stealing per say, but it's piggybacking on the success of another company.
Its like how Kia now makes that Rio that looks exactly like the Subaru Impreza WRX. It's not the same car, there are some differences, but kia is really just piggybacking off of the success of the WRX and its distinctive looks.
Now i never meant to sound like i think that comwave should just drop the name just because apple said so, because i don't think that. They should settle the dispute properly, in or out of court. Comwave IS willing to sell the name for a price, i don't have a link to the quote though.